Accused murderer Frankie Hester of Syracuse may claim he wasn't there

Syracuse, NY -- The man accused in the 2008 murder of Cole Richardson may claim at trial that he was not present when Richardson was shot, according to papers filed with the judge.

That Frankie Hester might use an “alibi defense” came up Friday during a pretrial hearing when Onondaga County Judge Anthony Aloi announced he had received papers raising that possibility from Hester’s attorney, Michael Spano.

The document alleges that Hester, of 609 DeWitt St., Apt. 1, was not at the scene when Richardson was shot, Aloi said. He said he could not disclose further details, but said an alibi defense requires corroborating testimony from several witnesses.

Spano also declined to speak in detail as he left the courtroom.

“I can only say at this time that we are pursuing an alibi defense and on the surface it looks very strong,” Spano said.

Richardson, 35, was shot in the chest about 8:15 p.m. on Oct. 2, 2008, on Atlantic Avenue near his home. Before his death 13 days later at Upstate University Hospital, Richardson told police he had seen a dark, older model Lincoln driving down the street, heard three gunshots and realized he had been hit.

Hester, 27, was arrested December, 14 months later, after a grand jury indicted him on charges of second-degree murder and second-degree criminal possession of a weapon. He is being held without bail at the Justice Center Jail. His next hearing is Feb. 19.